If you were arrested in California but were never convicted, you may have the legal right to seal your arrest record under California Penal Code § 851.91. This law helps individuals reduce the long-term consequences of an arrest by limiting public access to arrest records.
In many cases, once a record is sealed, employers, landlords, and most background check companies can no longer see the arrest, helping people move forward with their lives.
This guide explains what Penal Code § 851.91 means, who qualifies, how the process works, and what benefits and limitations you should understand before filing.
What Is California Penal Code § 851.91?
California Penal Code § 851.91 is a law that allows individuals who were arrested but not convicted of a crime to petition the court to seal their arrest records.
When a record is sealed:
- The arrest is hidden from public background checks
- The individual is generally treated as if the arrest did not occur
- The record is removed from most public-access databases
However, sealing does not completely erase the record. Certain government agencies and law enforcement entities may still access it under specific legal circumstances.
The purpose of this law is to protect individuals from unfair consequences caused by arrests that did not lead to a conviction.
Who Can Petition to Seal an Arrest Record?
You may be eligible to file a petition under Penal Code § 851.91 if your situation falls into one of the following categories:
1. No Charges Were Filed
You were arrested, but the district attorney did not file criminal charges within the required legal time period.
2. Charges Were Filed but Dismissed
You were charged, but the case was later dismissed by the court.
3. Acquittal (Not Guilty Verdict)
You went to trial and were found not guilty of the charges.
4. Case Cannot Be Refiled
The statute of limitations expired or legal barriers prevent the case from being brought again.
5. Interests of Justice Cases
Even if you do not qualify automatically, you may still petition the court by showing that sealing your record is fair and justified based on your circumstances.
When You May NOT Qualify
Not all arrest records are eligible for sealing under this law. A petition may be denied or require additional review if:
- The arrest resulted in a conviction
- There is an ongoing criminal case
- The court determines public safety concerns outweigh sealing
- The case involves repeated or serious patterns of certain offenses
Each case is reviewed individually, and judges have discretion in borderline situations.
What Does It Mean to Seal an Arrest Record?
Sealing an arrest record means the information is hidden from public view.
After sealing, typically:
- Background checks by employers will not show the arrest
- Housing applications generally will not display it
- Most private databases will no longer report it
- You can legally deny the arrest in most situations
However, sealed records may still be accessible to:
- Law enforcement agencies
- Certain licensing boards
- Courts in future criminal cases
- Specific government entities authorized by law
Sealing does not completely erase the record, but it significantly limits public visibility.
How Courts Review a Petition Under Penal Code § 851.91
When a petition is filed to seal an arrest record under California Penal Code § 851.91, the court does not simply follow a checklist approval process. Instead, judges evaluate the petition based on statutory requirements, supporting documentation, and legal standards established under California law.
Below is how courts typically assess these petitions.
1. Statutory Eligibility Review
The court first determines whether the arrest qualifies under California Penal Code § 851.91.
This includes reviewing whether:
- The arrest did not result in a conviction
- Charges were dismissed or never filed
- The statute of limitations or legal bars prevent prosecution
- The case falls within the categories covered by the statute
If the case does not meet statutory requirements, the petition will not proceed further.
2. Review of Petition Completeness and Accuracy
Courts then review whether the petition is properly prepared and supported.
Judges typically check for:
- Correct arrest and case information
- Required court forms and declarations
- Supporting documentation (if applicable)
- Consistency with official records
Errors or missing information may delay review or result in denial.
3. Verification of Required Notice to Agencies
Before making a decision, the court confirms that proper notice was provided to the relevant government agencies, including:
- The District Attorney’s Office
- The arresting law enforcement agency
These agencies are given an opportunity to review the petition and submit a response if necessary.
4. Consideration of Agency Responses or Objections
If any agency responds to the petition, the court will review the content carefully.
This may include:
- Challenges to factual statements
- Legal objections to sealing
- Concerns related to eligibility or statutory interpretation
The court considers these responses as part of its overall evaluation.
5. Judicial Evaluation Under the Interests of Justice
Even when statutory requirements are met, the judge must still determine whether granting the petition is appropriate.
Factors considered may include:
- Whether sealing aligns with the intent of the law
- Whether any legal exceptions apply
- Whether there are compelling public interest considerations
- Whether the petitioner qualifies under discretionary standards
This step reflects the court’s authority to interpret and apply the law to individual cases.
6. Court Order and Legal Effect
If the petition is approved, the court issues an order directing that the arrest record be sealed.
Once the order is issued:
- The arrest is restricted from public access
- Law enforcement and court databases are updated
- The record is removed from most background checks used by private entities
If the petition is denied, the individual may still have other legal options depending on the case.
Key Takeaway
California Penal Code § 851.91 petitions are not granted through a simple checklist process. Instead, courts evaluate eligibility, legal compliance, procedural accuracy, and broader statutory considerations before issuing a final decision.
Benefits of Sealing an Arrest Record
Sealing your arrest record can provide important benefits, including:
Employment Opportunities
Most employers conducting standard background checks will not see the sealed arrest, improving job prospects.
Housing Applications
Landlords using consumer background services typically will not see sealed records.
Education and Licensing
Many schools and licensing boards may treat the arrest as if it does not exist, depending on the agency.
Personal Reputation
Sealing helps reduce stigma by limiting public access to past arrests that did not result in conviction.
Limitations You Should Understand
Even after sealing, there are important limitations:
- Law enforcement can still view sealed records
- Some government agencies may have access
- It does not erase fingerprints or DNA records in all cases
- It does not apply to convictions
- It may still appear in certain restricted legal proceedings
Understanding these limitations is important before filing.
Common Questions
Is sealing the same as expungement?
No. Sealing applies to arrests without convictions, while expungement generally applies to convictions that have been cleared or dismissed.
How long does the process take?
It can take several weeks or a few months depending on court workload and whether there is opposition.
Do I need an attorney?
You are not required to have an attorney, but legal guidance can help improve accuracy and increase the chances of approval.
Can sealed records be reopened?
Yes, in rare cases involving law enforcement investigations or court proceedings.
Final Summary
California Penal Code § 851.91 provides an important legal remedy for individuals who were arrested but not convicted. It allows eligible individuals to petition the court to seal their arrest records and limit public access.
Key points:
- Applies only to arrests without convictions
- Requires a court petition
- Can significantly improve privacy and opportunities
- Does not fully erase law enforcement access
- Must be approved by a judge or granted by law
For many people, this law represents an opportunity to move forward without the burden of a past arrest affecting employment, housing, and reputation.
Take Action – Southwest Legal
If you believe you qualify to seal your arrest record under California Penal Code § 851.91, getting legal guidance can make the process smoother and improve your chances of success.
Southwest Legal can help you understand your eligibility, prepare your petition, and guide you through every step of the process.
Contact us today to schedule a consultation and take the first step toward clearing your record.